Kona, Hawaii is a well-known tourist spot that offers many attractions such as surfing, snorkeling and other water sports. Last year, 15-year-old Tyler Madoff traveled to Hawaii to take part in a vacation organized by Bold Earth Teen Adventures. The trip offered lessons on how to surf, among other activities, just off the Kona Coast. However, despite high-surf warnings given to the tour company one fateful day last July, the ocean current was too strong to surf in and pulled Tyler out to sea. His body was never found.
Tyler’s parents have since filed a lawsuit alleging that Bold Earth Teen Adventures as well as the company it contracted to provide the lessons, used bad judgment in allowing their son and other participating teenagers to attempt to surf in such high waves and strong current.
The Madoffs filed suit against Bold Earth in Hawaii, because that is where the incident occurred. But the Colorado-based tour companies stated that the family should have read their contract more closely. They contend that the contract specifies that any litigation brought against the company must be filed in Jefferson County, Colorado. In a news article by Hawaii News Now, they speculated that changing locations will possibly limit whether the lawsuit will be heard in a federal or state court, affect the witnesses that the Madoffs can bring forth from Hawaii and may give the tour companies a hometown advantage.
Wrongful death lawsuits are often times complicated, and vary depending on the state’s laws in which you file. Our Wyoming and Colorado injury attorneys’ legal expertise will help ensure that seeking justice in your wrongful death case is both satisfactory and painless. Your case has already brought you enough pain, and we want to help bring you closure. Call (866) 377-3800 to talk with us about your personal injury case at no cost to you.
[Tom’s Tips: The Colorado statute of limitations for wrongful death begins on the date of death for the person that was killed and lasts until two years after.]
Metier Law Firm, LLC – Wyoming and Colorado injury lawyers